Hunter Employee Relations Client Services

Guiding Managers Through Complex Employee Relations Issues

The rules in the Fair Work system are complex and managers often lack the know-how and confidence to address workplace problems.

 

Counselling, Discipline & Terminations - Behavioural, Attitude or Work Performance

  • Ongoing negative attitude 

  • Confrontational employees

  • Bullying or sexual harassment

  • Difficult or toxic behaviours disrupting the workplace 

  • Employees working well below their capacity or training 

  • Persistent lateness and absenteeism

You do have to tolerate these attitudes and behaviours.

Hunter Employee Relations guides employers through the discipline and termination minefield.

Hunter Employee Relations can minimise your business risk in this complex legal area by:

  • Assisting you in the preparation of comprehensive warning letters.
  • Management of the termination steps to minimise the risk of claims.
  • Representing your business in Fair Work Commission or Tribunal proceedings.

 

Discipline and Terminations With Additional Legal Complexities

  • Policy, Procedures and Standards - There is no automatic right to terminate when a policy is breached. There are a variety of factors to evaluate before termination.

  • Alcohol and other drugs – can I terminate if I don’t have a policy?

  • Sick leave and absenteeism – whenever my employee accrues some personal leave he takes another Monday off! What can I do? 

  • Safety breaches – is this safety breach serious enough to terminate?

  • Bullying – does a bully deserve procedural fairness? Yes 

  • Sexual harassment – what level of sexual harassment justifies summary termination?

  • Forced or constructive dismissal – an easy trap for employers to fall into.

  • Fixed term contract terminations – can I terminate a fixed term employee mid-term?

  • Small business unfair dismissal code – it doesn’t protect you from General Protections claims. 

  • Casual employees – are there any risks terminating a regular long-term casual? 

  • Redundancy – if employers don’t tick all the boxes they may become unfair dismissals. 

  • Criminal convictions – just found out my employee has a criminal conviction. What can I do? 

  • Probation terminations – General Protections claims apply from day 1 of employment.  

  • Resignations – we had an argument, my employee stormed out swearing. Has he resigned?

  • Breach of employment contract – can I terminate if the employee breaches their contract? 

  • After hours conduct – when is after hours conduct the employer’s responsibility? 

  • Summary termination – what forms of misconduct justify summary dismissal? 

  • Lawful instructions – when does disobeying a lawful instruction allow me to terminate? 

  • Social media posting – I don’t have a policy on this. When can I act? 

  • Medical – my employee has been off sick for months. What can I do? 

  • Mental health – I have an employee with depression. What are my options? 

 

Workplace Investigations

Hunter Employee Relations undertakes professional workplace investigations in relation to

  • Misconduct & Policy Breaches 
  • Bullying & Sexual Harassment 
  • Attitude & Performance Issues 
  • Safety Breaches 
  • Workplace Culture Concerns

Such investigations are carried out in a professional manner to assist employers to make the right decisions.

 

Fair Work & AHRC Representation

Fair Work Commission Unfair Dismissal and General Protections claims start with an online conference.

Hunter Employee Relations will closely review the circumstances leading up to and including the termination to develop the best strategy in these proceedings and lead the discussions on behalf of the client.

Sexual Harassment Claims - Australian Human Rights Commission 

This is another area where we’ve seen an increase in no-win, no-fee solicitors making exorbitant claims against employers for even minor issues. See link

Hunter Employee Relations will assess the details of the claim against prior cases to determine your likely legal exposure. This will determine how we respond to the solicitor’s extortion game in this forum.

Employers are often shocked to receive this type of claim believing their workplace is low risk. Sexual harassment is often hidden from general view and victims are too embarrassed to report early problem behaviours until it becomes significant. Employers are legally required to take proactive steps to minimise the workplace risk.

 

Other Employee Relations Services 

Interpretation & Compliance

The Fair Work system is legally complex. The following, and a lot more, apply to your business and your employees:

  • Modern Awards
  • The National Employment Standards
  • The Fair Work Act

Despite their best efforts employers often get it wrong.

Hunter Employee Relations assists clients:

  • To pay their employees correctly.
  • By undertaking an hour of work and wages compliance review.
  • To develop cost-effective hours of work arrangements to suit business needs.

 

Enterprise Agreements

Negotiating or renewing and enterprise agreement is a delicate balancing act between improving workplace effectiveness and complying with a range of Fair Work rules and regulations. Miss one important step and the Agreement may be instantly rejected.

Hunter Employee Relations can assist your business with enterprise agreements through:

  • Agreement drafting compliance in accordance with Fair Work requirements.
  • Proactive management of the negotiation process or leading negotiations on your behalf.
  • Managing the employee vote, Fair Work document preparation and lodgement.
  • The variation or removal of current or expired agreements.

 

Employment Contracts Templates & Code of Conduct

Hunter Employee Relations has developed comprehensive Employment Contracts templates for all types of employees. These are easy to tailor for your business needs or we can assist if required.

Additionally with a Code of Conduct that covers a large variety of potential scenarios it would be the perfect combination for outlining employee behavioural expectations and protecting the business.

 

Practical Employee Relations Guidance to improve your workplace performance considering legal and Fair Work requirements. This includes changing ineffective work practices, setting expectations, standards and goals and organisational restructures and redundancies.

Policies & Procedures - Correctly drafted and implemented, policies and procedures can be an important tool to clarify obligations and entitlements.

Bullying, Harassment & Discrimination - The ‘we were just having a little fun’ excuse for bullying and harassment can result in psychological damage for the individual AND a substantial compensation award against the employer. Implement a preventative program to reduce the risk in your workplace.

 

Protecting our business interests in a very professional and practical manner

Lampson Australia operates in a heavy industry environment which often provides for some interesting workplace challenges. Michael has guided us through many complex industrial relations and employment law issues since 2008. This has included performance terminations, negotiating several Enterprise Agreements and business restructuring resulting in redundancies.

He has always a shown a strong personal interest in protecting our business interests in a very professional and practical manner. He is easy to work with and has become an essential part of our business.

Vicki Wilson , HR Manager, Lampson (Australia) Pty Ltd

Eight Enterprise Agreements across our Group – the process went very smoothly.

ATB Morton is a vertically integrated construction business with a range of different work environments. We engaged Hunter Employee Relations to develop eight Enterprise Agreements across our diverse group of companies.

Michael’s professional approach and sound knowledge of the legal complexities of the Fair Work Act, ensured the process went very smoothly.

John Dodd , Group Resources Manager, ATB Morton Group of Companies